Character and functionality of an Expert Witness

Specialist evidence submitted to the court should be, the autonomous product of the expert without any influenced by the exigencies of litigation

An expert witness should provide actual facts by working as uncontroversial or independent, guiding the court about matters as per his expertise.

An expert witness should mention the facts, figures or assumptions on the behalf of which his opinion is based on.

An expert witness servicesshould stand clear and firm without any hesitation to make it clear when a specific question or issue did not cover his domain or falls outside his expertise.

If an expert’s opinion is not properly based after being researched because he supposes that insufficient or irrelevant data is available, and then this must be mentioned with a symbol that the opinion is no more than a provisional one.

If the expert cannot declare that the report contains the genuine facts, just the total truth and nothing but the truth without some conditions that must be acknowledged in the report.

In case if an expert witness wants to change his opinion, after an exchange of reports, for some reason, such modification must be communicated via legal representatives to the other side without any further delay and to the court.

Where expert evidence became related to the survey reports, or other formal documents, along with photographs they must be submitted o the other party as well during the exchange of reports.

A recent case further elaborated the character of the expert witness

An expert witness should at all stages follow the procedure or instructions, on the behalf of the evidence as he understands it, provided independent guidance to the court and all parties to generate objective unbiased opinion according to his expertise. An expert witness should never imagine the role of an attorney.

The expert’s evidence must be restricted to the technical issues on which the court will be guided by asking an explanation, or to evidence of common professional practice. The expert witness must not give opinions as an expert himself would have done in same circumstances.

He should co-operate with the expert of the other party or parties in attempting to narrow the technical issues in dispute at the earliest possible stage of the procedure and to eliminate or place in context any peripheral issues.

The expert evidence presented to the court should be, independent product of the expert uninfluenced.

An expert witness should believe the facts upon which his opinion is based. He should not consider irrelevant objects which might create obstructions to evaluate.

An expert witness must make it clear if a case falls out of his domain.

Where an expert having conclusions are based on insufficient realistic information he should say so clearly.

An expert should be ready to review his opinion, and if appropriate, to change his mind when he has obtained new data or has accepted the opinion of the other expert.

FAR – Farhat Office & Co. has been offering quality services to the business industry for more than 30 years now. We have also served as a Court Expert for many court cases in the United Arab Emirates (UAE). You can book a consultation today with us for you to find out yourself what kind of quality service we can provide for you if you let us.